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Quarterly Newsletter of the CFO Roundtable |
Spring 2005 |
| The CFO Advocate is designed to provide articles of interest.
Please let us
know of articles you would like to see in future editions. Sponsored by: David Payne 404.531.6435 dp@benchmarkresources.net Michael Levine 404.261.3229 michael.levine@rhmr.com Jim Villwock 404.460.7050 jim.villwock@iemcorp.com |
IN THIS ISSUE:
Navigating Commercial Properties |
Rising Healthcare Costs
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NAVIGATING COMMERCIAL PROPERTIESWith the slow recovery of the Atlanta office market, more and more companies will be relocating and renegotiating their commercial leases in the next few years.
It is the job of the landlord appointed real estate broker to negotiate the best business terms for his building owner. So it is strongly suggested that the company looking for space, appoint a tenant representative to locate and negotiate the best business terms for the company and to assure that all current and future needs of the company will be addressed by a professional.
Start the Process early- With high vacancies still prevalent in most markets, most landlords are providing concessions to entice a good credit tenant to move into their buildings. Free rent and moving allowances are common. If you expect to negotiate 6 months free rent you must start the process at least 8 to 12 months before your current lease expiration.
Understanding Rental Rates- Atlanta office rates are normally quoted on an annual basis. A rate of $24.00 per square foot is the same as $2.00 per square foot per month. Most Class A office properties quote rates on a gross or full service basis which is all inclusive of utilities, common area maintenance, building insurance and taxes.
Industrial properties are normally quoted on a net or modified gross basis and do not include utilities or some building operating expenses. A charge for common area maintenance is sometimes quoted separately. Other expenses, such as building insurance and taxes are passed to the tenant in a net lease. Since there are many variables to a net or a modified gross lease, it is very important to understand exactly which costs are included in your lease and what expenses are outside of your monthly lease payment. Eight Steps to Commercial Leasing 1. Define your requirements- The following chart will help determine your approximate space requirements.
2. Locate suitable property- Your broker can provide listings of all properties in your required sub market that have available space in your pre determined size range. Some important questions to answer- Do you prefer Class A or Class B space? Is an office with a view important? What is your annual budget? What length of lease is preferred? Is future expansion important? When does your company intend to move? What are your parking and transportation needs? Will your office be located in an area that provides ease of commute for your current employees or is your customer access more important (near the airport etc)? 3. Tour properties- Have your broker provide floor plans on all interesting spaces. Review the floor plans before your tour. Landlords anticipate that the commercial space will need to be modified to meet the needs of the tenant. The goal of your broker is to negotiate with the landlord to provide an improvement allowance that will allow the space to be modified without any out of pocket expense from your company. Your broker will provide a tour site checklist form for comparing the various properties that you tour. 4. Make a Letter of Intent to lease- Once you have narrowed your choices down to one to three good potential sites, its time to make your proposal or proposals, as the case may be. Because you are making non-binding proposals it may be all right for you to make more than one at a time. Your letter of intent will address the big issues. The size of the space, the term of the lease, any rent escalations including operating expense pass throughs, the right to sublease, a right of first refusal on adjoining space is prudent if your company intends to grow and a buyout clause in case any early termination is required are all items that should be addressed in the letter of intent. 5. Analyze responses- There are several items to compare in your analyze and your broker can provide a side by side comparison outlining the differences in the responses. As mentioned earlier, rent is calculated in several ways. For office lease comparisons it’s best to convert all quotes to gross or full service rates. Your broker will compare rentable and usable square footage based on the buildings loss factor (additional square footage charge for common areas) as well as the effective rate over the term taking into consideration any free rent, escalations and concessions. Different properties have different operating expense histories. It’s always a good idea to have the property provide operating expenses for the past 3 years for a good comparison. You will also compare the tenant improvement allowance, length of term of the various responses, time of delivery and overall suitability. 6. Space planning and architectural evaluation- Space planning usually occurs after an initial proposal has been tendered, although sometimes it will be delayed until the major deal points have been agreed upon and your credit has been reviewed. In most cases the landlord will include an allowance for space planning and they will provide the planner. A commercial tenant requiring a substantial amount of office space is well advised to consider retaining his or her own architect. The architect that is retained by the tenant will be more inclined to design an efficient plan keeping rental costs in line while providing the minimum square footage required for your companies needs. 7. Negotiate the lease contract-Negotiating the lease contract is one of the most critical steps in the relocation process. There are many various lease contracts normally ranging from 10 to 80 pages and each landlord seems to have their own version. It is not advisable to sign a lease contract without a review by qualified legal counsel. All leases define the business terms. The balance of the lease seeks to contemplate possible future events and prepares for these events. There are several important issues that should be addressed in the lease. We will attempt to hit on a critical few and save lease negotiations for a future article. All leases should address operating expense rental increases and limit the amount of increases to the tenant. A lease renewal option is also important. Typically, one of three methods for establishing the new rental rate is used. The fixed rate option is the clearest and easiest to understand but is normally the hardest to reach an agreement on. The second is the Cost of Living adjustment and is based on the Consumer Price Index. Market rental value adjustments are more flexible and meet the needs of both owner and tenant. Your broker can provide an average rental rate for like properties in your area and can assist in negotiating this rate to your landlord. All maintenance, repairs and alterations issues will be addressed in the lease. As a general rule, in a full service lease, the landlord will be responsible for the interior and exterior maintenance as well as common area maintenance. Most leases will require landlord consent in order to alter the premises in any way. It is possible to negotiate that certain smaller alterations can be made without landlord consent. Your company should have the ability to sublease the space if needed with landlord approval. It is important that language is added to assure that the right to sublease will not be unreasonably withheld. Some landlords will ask for the option to relocate a smaller tenant (normally under 3000 s.f.) to another space in the building or complex if a larger tenant wants their space. Strike this clause if possible. If your company holds over, or remains in the space past the lease expiration date, landlords revert to hold over charges that are sometimes 200% of the current rent. It is best to negotiate for no additional holdover charge if possible. A 150% rental increase is common in most Atlanta markets. It is always wise to negotiate the right for early termination to protect your company from being “land Locked” in a space. If the landlord cannot supply additional space for your companies expansion needs, you may be forced to relocate. 8. Close the transaction-Once all business and legal terms are agreed on it’s time to put the finishing touches on the lease and execute the document. Be aware that the entire lease process can take several months and a prudent business man will allow plenty of time. The earlier you start the better chance you have of maximizing concessions such as free rent and moving allowances. Your broker can help make the process less stressful and assure the process stays on schedule.
For more
information about our services, please contact us via email at
dp@benchmarkresources.net or call David Payne at 404-531-6435. – David A. Payne, Benchmark Resources |
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